Diabetes decisions — 2001

The Board denied the veteran's claims for service connection for various conditions, including a kidney mass, respiratory disorder, left clavicle/sternum disability, sleep disorder, diabetes mellitus, and bone condition/fibromyalgia. The appeals were based on direct evidence of these conditions rather than exposure to herbicides or other presumptive factors.

The veteran's spouse was granted an increased disability rating for diabetes mellitus, diabetic retinopathy, and peripheral neuropathy of the lower extremities for accrued benefits purposes. The spouse also received special monthly compensation due to being housebound effective from June 22, 1999.

The Board found that new and material evidence had not been submitted to reopen claims for service connection, but also noted that the veteran's claim for benefits under 38 U.S.C. 1151 was denied due to lack of new evidence.

The Board has denied the veteran's claim of service connection for diabetes mellitus, concluding that his pre-existing condition did not worsen during service and was not aggravated by it.

The Board has determined that the veteran's diabetes mellitus requires a 40 percent evaluation due to its impact on her ability to regulate activities.

The Board has granted the veteran's claim for service connection for diabetes mellitus, which is presumed to have been incurred in service due to exposure to Agent Orange.

The veteran's fatal diabetes was incurred during his active duty and is considered service-connected. The cause of death, therefore, meets the criteria for DIC based on service connection for the cause of the veteran's death.

The veteran's overpayment of special monthly pension was waived due to his severe health problems and financial hardship.

The veteran's service-connected diabetes mellitus is currently rated at 40 percent, and he seeks a higher rating. The Board finds that the current disability picture does not warrant an evaluation in excess of 40 percent.

The veteran's diabetes mellitus and hypertension are presumed to be related to his service in Vietnam, as he served there for approximately 10 months. His diabetes is classified as Type II, which qualifies under the presumptive provisions.

The veteran's attempts to reopen his claims for diabetes mellitus, balanitis, nasal disorder (rhinitis and loss of a sense of smell), and visual acuity were denied as not well grounded. His claim for an increased evaluation for renal dysfunction with hypertension was granted at a 30% disability rating.

The Board has remanded the case due to new regulations and the need for additional development of evidence, including obtaining medical records from SSA.

The veteran's claim for special monthly pension based on the need for regular aid and attendance of another person is denied as he does not meet the criteria due to his various nonservice-connected disabilities.

The veteran's service-connected post-traumatic stress disorder is rated at 70 percent effective August 9, 2000. His diabetes mellitus and vagotomy with pyloroplasty are both rated as 40 percent disabling. Bilateral hearing loss does not meet the criteria for a compensable rating. Service connection for glaucoma was denied.

The Board has determined that the appellant does not have current disability related to any in-service exposure to carbon tetrachloride.

The Board found that the veteran's claimed conditions of arthritis, diabetes mellitus, and heart disease were not incurred or aggravated in service nor may their service incurrence or aggravation be presumed. The claims for these conditions are therefore denied.

The veteran was granted special monthly compensation based on the need for aid and attendance, effective February 25, 1998. His diabetes mellitus with retinopathy disability rating was rated as totally disabling.

The Board has determined that the earliest effective date for a total rating based on individual unemployability is September 21, 1998. This decision was made after considering the facts found and the veteran's service-connected disabilities.

The veteran was granted special monthly pension benefits at the housebound rate for the period from March 1, 1998 through July 21, 1999 due to having hypertension and coronary artery disease rated as 100 percent disabling.

The VA determined that the appellant does not meet the criteria for special monthly pension based on need for aid and attendance due to her ability to perform daily activities without assistance, despite having severe asthma and diabetes.